Statement of Steven B. Nesmith
Assistant Secretary
Office of Congressional and Intergovernmental Relations
before the Committee on Indian Affairs
U.S. Senate
July 16, 2003
INTRODUCTION
Mr. Chairman, Mr. Vice Chairman, and Members of the Committee,
thank you for inviting me to provide comments on S. 556, the Indian
Health Care Improvement Act Reauthorization of 2003.
My name is Steven B. Nesmith, and I am the Assistant Secretary
for Congressional and Intergovernmental Relations. As you know,
Public and Indian Housing (PIH) is responsible for the management,
operation and oversight of HUD's Native American programs. These
programs are available to 560 Federally-recognized and a limited
number of state-recognized Indian tribes. We serve these tribes
directly, or through tribally designated housing entities (TDHEs),
by providing grants and loan guarantees designed to support affordable
housing, community and economic development activities. Our tribal
partners are diverse; they are located on Indian reservations, in
Alaska Native Villages, and in other traditional Indian areas.
In addition to those duties, PIH's jurisdiction encompasses the
public housing program, which aids the nation's 3,000-plus public
housing agencies in providing housing and housing-related assistance
to low-income families.
It is a pleasure to appear before you, and I would like to express
my appreciation for your continuing efforts to improve the housing
conditions of American Indian and Alaska Native peoples. Much progress
is being made and tribes are taking advantage of new opportunities
to improve the housing conditions of the Native American families
residing on Indian reservations, on trust or restricted Indian lands,
and in Alaska Native Villages. This momentum needs to be sustained
as we continue to work together toward creating a better living
environment throughout Indian Country.
OVERVIEW
At the outset, let me reaffirm the Department of Housing and Urban
Development's support for the principle of government-to-government
relations with Indian tribes. HUD is committed to honoring this
fundamental precept in our work with American Indians and Alaska
Natives.
On behalf of Secretary Martinez, thank you for the opportunity
to provide testimony on S. 556. The Department agrees that the Indian
Health Service (IHS), a division of the Department of Health and
Human Services, is vital to the well-being of individual Indian
families and the Native American community as a whole. Native Americans
often have no other means to receive the health care assistance
and related activities provided by the IHS.
HUD's Office of Native American Programs continues its ongoing
dialog with IHS representatives to coordinate our activities in
a manner that supports tribal sovereignty, self-determination and
self-governance. The Department also participates in a federal interagency
task force on infrastructure with the IHS, Environmental Protection
Agency, Bureau of Indian Affairs and Department of Agriculture.
It is within this perspective that the following comments are offered
on the bill.
BACKGROUND ON HUD NATIVE AMERICAN PROGRAMS
In 1996, the Native American Housing Assistance and Self-Determination
Act (25 U.S.C. 4101 et seq) (NAHASDA) became law. NAHASDA changed
the way in which housing and housing-related assistance is provided
to Native American families. Prior to the Act, Indian housing authorities
and Indian tribes applied for a variety of competitive, categorical
grant programs, usually with differing program eligibility and reporting
requirements. NAHASDA created the Indian Housing Block Grant (IHBG)
Program, which is a non-competitive formula grant made to an Indian
tribe or its tribally designated housing entity (TDHE).
Under the IHBG Program an Indian tribe or the TDHE submits to
HUD a five-year and a one-year Indian Housing Plan (IHP). The IHP
contains information about how the recipient will use its IHBG funds
to engage in the six affordable housing activities authorized by
NAHASDA. Once the IHP is found to be in compliance with statutory
and regulatory requirements, the tribe or TDHE executes a grant
agreement to receive its IHBG allocation.
The IHBG formula is based on the housing needs of each tribe and
the tribe/TDHE's ongoing operation and maintenance needs for the
dwelling units previously developed under the Indian Housing Program
authorized by the U.S. Housing Act of 1937, as amended. The IHBG
formula is calculated by dividing the total amount appropriated
each fiscal year among the number of eligible grant recipients.
Formula components and variables are weighted to ensure that the
complexities and differences among tribes are taken into consideration.
Each tribe's formula allocation reflects these factors.
The NAHASDA regulations (24 CFR 1000.306) require that the IHBG
formula be reviewed by calendar year 2003 for possible modification
or revision. At present, the Department is engaged in negotiated
rulemaking (neg-reg) with a 26-member committee comprised of a broad
cross-section of tribal stakeholders. The first neg-reg session
was held in April; additional monthly meetings are ongoing and scheduled
through this September.
SPECIFIC COMMENTS ON S. 556
Let me turn now to our specific comments on S. 556, the Indian
Health Care Improvement Act Reauthorization of 2003.
As you know, the Administration is actively reviewing S. 556 and
will provide you with specific details of our analysis very shortly.
The Administration has not taken a position regarding the transfer
of NAHASDA funds between HUD and HHS. We do, however, have concerns
about transferring NAHASDA funds between Federal agencies when NAHASDA
now provides for the direct distribution of IHBG funds to tribes
and their TDHEs based on a formula negotiated between tribes and
the Department.
An affordable housing activity under the IHBG Program is "development,"
which includes infrastructure such as site improvements and the
development of utilities and utilities services for housing. The
provision of water and sanitation facilities is included within
this category. Tribes or TDHEs may currently enter into agreements
with IHS to provide these services, or they may choose another service
provider. We believe this is in keeping with the policy of self-determination
that is articulated in NAHASDA.
Since 1997, nearly $28 million has been transferred to IHS through
TDHEs for offsite sanitation facilities. Tribes and TDHEs continue
to make difficult budgetary and management decisions on how to prioritize
their IHBGs, which is consistent with tribal self-determination
and self-government.
Let me assure the Committee that we will work with you, our Federal
partners in HHS and other Federal agencies, tribes and their TDHEs
to ensure that the housing infrastructure needs in Native American
communities are met in the most efficient manner possible. We are,
nevertheless, concerned about any provisions that might erode the
self-determination now provided for in NAHASDA.
Thank you for the opportunity to express our views on S. 556.
Content Archived: June 25, 2010
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